Opinion
No. 2023-C-00625
06-21-2023
Thomas D. FRYE, et ux. v. Richard Ingram BALLARD, M.D.
Writ application denied.
Crichton, J., would grant and docket and assigns reasons.
McCallum, J., recused.
Crichton, J., would grant and docket and assigns reasons:
As set forth in the written reasons of Judge Jeff Thompson's dissent to the court of appeal opinion, the medical review panel in this case found:
[T]he treatment afforded Mr. Frye was a factor in the resulting damages and that it slowed and complicated his recovery. The panel added there was ample evidence to raise to a high level of suspicion
that an infectious process was progressing.
Frye v. Ballard , 54,813 (La. App. 2 Cir. 1/25/23), 356 So. 3d 1191, 1204.
Accordingly, I would grant and docket this matter to determine whether the district court manifestly erred with the benefit of a full review of the record. See Johnson v. Morehouse Gen. Hosp. , 2010-387, p. 12 (La. 5/10/11), 63 So. 3d 87, 96 (appellate review of a district court's finding in a medical malpractice action is limited, as a finding of fact cannot be reversed in the absence of manifest error or where the finding is clearly wrong).